On September 27, 2010 a
Exhibit,Appendix
was filed
involving a dispute between
Encore Bank,
and
Berry, Allen L,
Mccord, Joseph D,
Taylor, Robert G,
Taylor, Robert G Ii (Personal Representative Of The Estate Of,
for BREACH OF CONTRACT
in the District Court of Harris County.
Preview
08/30/2013 03:24:54 PM 713-755-1451 Page 1/3
EXHIBIT
66779?
08/30/2013 03:24:54 PM 713-755-1451 Page 2/3
sy
James MeCord
From: Fravis Short [ushortdghorizonshipbuiding.com}
Sent Faday, Apri O4, 2008 9:57
Tes dames McCord
cs Rob; Jody; bledtkedg choclawcem.com; Lawrence, Gavid Webster,
janelekgrgtayloitaw.com, reacnalithyation
com
Subject: Ret Funding Uigdate
Bear James t
This cenfirns that you fave advised me an April $, 2008 that despite your statement in your
email of April 2, 2908 that David Webster assured you last Friday that. “he would have seme
additional funds released this week”? you have now been advised that the Sank has declined
the lean and no funds will be forthcoming this week. This contradiction is disturbing.
as you know, this company is wed approximately $1 aillion for unpald invalces and retainage.
The Buyers are row mare than 30 days late in paying the aost recent imvoice, Under the terns
of the contract, the failure to pay ah invoice within 36 dsys of its due dete is a defabit
entitling Horizon to certain ranedies. Without waiving these remedies or the default, and in
particular without waiving its right to terminate this agreement and collect damages, Hopizan
is willing te extend the deadline for payaent of the invoice dated March 3, 2888 until April
7, 2888. Until payment for seid Eweaice is received, Horizon Shipbuilding will suspend ald
work at the vessel under the previsions oF Section S(<} of the contract.
Please let me Rear frog you with regard to your intentions,
Regards,
Trevis
Travis BR. Shart, President
Horizon Shipbuilding, Inc.
1280 Shell Bell Read
Rayou La Batre, AL 36508
252.824.1568 Phone
251.824. 2864 Fax
W hor hipbutlding.
bush com
dames MeCord wrote:
ravi :
I feit an update is in order since we are still waiting of the bank te
release funds. I want te thank you for your commitment not to declare
in default while we work through these issuas with the bank. We ali
appreciate the goodwill on your part.
When Z spoke te Gevid Webster last Friday, he assured me that we would
have some additional furvis released early this week. My understanding
is that he was eut sick on Monday, and is still trying te get the
approvals Recessary on his end te get the furds released. &¢
mentioned fo you last week, the bank already has copies of all of the
inveices along with wiring instructions, Everything will get paid as
soon as the funds are released. Rest assured that we are pushing the
bank just as kard as we can.
EXHIBIT reeset]
om st C2 MeCORM001304
Deponent fe
Datel: fe Roi
wentsaranaoh
cae
08/30/2013 03:24:54 PM 713-755-1451 Page 3/3
5
>
> AS you know, we had Fraser Yachts sent Dale Goff ever to your yard
this week to Jook at the bost for the owners. We also have surveyor
yard either this Friday, or next Monday, $0
and broker coming to the
can get an idea of the value of the vessel. These activit ies
that we
WILL NOT be holding up the release of funds from the bank.
As scon as I have confirgation from the bank, Z will let you and Nancy
kriow.
Thanks for your patience,
James MeCord
Betty Lyn Tr, LLC
Cell; 713-854-2044
McCORD001305
Document Filed Date
August 30, 2013
Case Filing Date
September 27, 2010
Category
BREACH OF CONTRACT
Status
Case On Appeal - Civil
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08/30/2013 03:24:54 PM 713-755-1451 Page 1/3 EXHIBIT 66779? 08/30/2013 03:24:54 PM 713-755-1451 Page 2/3 sy James MeCord From: Fravis Short [ushortdghorizonshipbuiding.com} Sent Faday, Apri O4, 2008 9:57 Tes dames McCord cs Rob; Jody; bledtkedg choclawcem.com; Lawrence, Gavid Webster, janelekgrgtayloitaw.com, reacnalithyation com Subject: Ret Funding Uigdate Bear James t This cenfirns that you fave advised me an April $, 2008 that despite your statement in your email of April 2, 2908 that David Webster assured you last Friday that. “he would have seme additional funds released this week”? you have now been advised that the Sank has declined the lean and no funds will be forthcoming this week. This contradiction is disturbing. as you know, this company is wed approximately $1 aillion for unpald invalces and retainage. The Buyers are row mare than 30 days late in paying the aost recent imvoice, Under the terns of the contract, the failure to pay ah invoice within 36 dsys of its due dete is a defabit entitling Horizon to certain ranedies. Without waiving these remedies or the default, and in particular without waiving its right to terminate this agreement and collect damages, Hopizan is willing te extend the deadline for payaent of the invoice dated March 3, 2888 until April 7, 2888. Until payment for seid Eweaice is received, Horizon Shipbuilding will suspend ald work at the vessel under the previsions oF Section S(<} of the contract. Please let me Rear frog you with regard to your intentions, Regards, Trevis Travis BR. Shart, President Horizon Shipbuilding, Inc. 1280 Shell Bell Read Rayou La Batre, AL 36508 252.824.1568 Phone 251.824. 2864 Fax W hor hipbutlding. bush com dames MeCord wrote: ravi : I feit an update is in order since we are still waiting of the bank te release funds. I want te thank you for your commitment not to declare in default while we work through these issuas with the bank. We ali appreciate the goodwill on your part. When Z spoke te Gevid Webster last Friday, he assured me that we would have some additional furvis released early this week. My understanding is that he was eut sick on Monday, and is still trying te get the approvals Recessary on his end te get the furds released. &¢ mentioned fo you last week, the bank already has copies of all of the inveices along with wiring instructions, Everything will get paid as soon as the funds are released. Rest assured that we are pushing the bank just as kard as we can. EXHIBIT reeset] om st C2 MeCORM001304 Deponent fe Datel: fe Roi wentsaranaoh cae 08/30/2013 03:24:54 PM 713-755-1451 Page 3/3 5 > > AS you know, we had Fraser Yachts sent Dale Goff ever to your yard this week to Jook at the bost for the owners. We also have surveyor yard either this Friday, or next Monday, $0 and broker coming to the can get an idea of the value of the vessel. These activit ies that we WILL NOT be holding up the release of funds from the bank. As scon as I have confirgation from the bank, Z will let you and Nancy kriow. Thanks for your patience, James MeCord Betty Lyn Tr, LLC Cell; 713-854-2044 McCORD001305